• General information
• Electoral system
• Last elections
• Election archive
• Presidency
• Mandate
• Specialized bodies
• Full text

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Parliament name (generic / translated) Congreso Nacional / National Congress More photos  >>> Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies Affiliation to the IPU Yes Affiliation date(s) 1958 - 1973 1990 - LEADERSHIP President Camilo Escalona Medina (M)  Notes Elected on 20 March 2012. Secretary General Mario Labbe (M)  COMPOSITION Members (statutory / current number) 38 / 38 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 5 (13.16%) Mode of designation directly elected 38 Term 8 years; one half of the membership is renewed every 4 years Last renewal dates 13 December 2009 (View details) CONTACT INFORMATION Address Senado Avda Pedro Montt s/n VALPARAISO (Export mailing lists) Phone (56 32) 250 40 00 250 41 34 (President) Fax (56 32) 250 46 29 E-mail presidencia@senado.cl Website http://www.congreso.cl http://www.senado.cl

Parliament name (generic / translated) Congreso Nacional / National Congress Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies LEGAL FRAMEWORK Electoral law 19 April 1988 16/08/1990 Mode of designation directly elected 38 Constituencies 13 multi-member constituencies corresponding to the country's regions - 7 with 2 seats each - 6 with 4 seats each Voting system Majority: Closed party-list majority system, with seats allocated binomially, as follows: - if the majority party obtains more than two-thirds of the valid votes cast, it is entitled to the two seats of the constituency - if it obtains less than two-thirds, it is entitled to one seat and the second seat goes to the second-placed party Vacancies arising between general elections are filled by a nominee selected by the same party. Voting is compulsory, failure to do so leading to a possible fine. Voter requirements - age: 18 years - Chilean citizenship (or foreigners residing in Chile for more than five years). Chileans living overseas are not entitled to vote. - disqualifications: sentence of death, personal restraint or penal servitude, insanity, criminal conviction entailing a grave penalty (three years and one day or more) CANDIDATES Eligibility Qualified electors - age: 35 years - Chilean citizenship - completion of secondary education or the equivalent - 3 years' residence in the region concerned Incompatibilities - office of Minister of State - certain public or State-related posts - government contractor Candidacy requirements - membership of political party or coalition of parties, although independent candidatures also possible; - each party or coalition can nominate two candidates per constituency; - independent candidates require support of electorate equalling at least 0.5% of the votes cast in their constituency at the previous elections

Parliament name (generic / translated) Congreso Nacional / National Congress Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies BACKGROUND Dates of election / renewal (from/to) 13 December 2009 Timing and scope of renewal Elections were held for 18 seats in the Senate on the normal expiry of the members' term of office. The 2009 parliamentary and presidential elections were the first to be held since the death of Augusto Pinochet, the country's dictator between 1973 and 1990. The centre-left Coalition for Democracy (CPD) had led the country since 1990. In the previous elections, which were held in December 2005, the CPD won 65 of the 120 seats in the Chamber of Deputies; it also won 11 of the 20 seats renewed in the Senate, making a total of 20 seats in the full 38-member Senate. The CPD comprised the Socialist Party (PS), the Christian Democrat Party of Chile (PDC), the Party for Democracy (PPD) and the Radical Social-Democratic Party (PRSD). Its main rival, the centre-right Alliance for Chile (APC), took 54 seats in the Chamber of Deputies and eight of the seats up for renewal, for a total of 17 seats in the Senate. The APC comprised the Independent Democratic Union (UDI) and the National Renovation Party (RN). In the presidential elections, CPD candidate Michelle Bachelet won over RN candidate Sebastián Piñera Echenique, becoming the first Chilean woman to assume the post. In 2008, the country's economy, which is largely dependent on copper exports, was severely hit by the global economic crisis but recovered in short order thanks to copper revenues. Ms. Bachelet's administration was dealt a blow in October 2008 when centre-right parties won more mayorships than the CPD in local elections. Although Ms. Bachelet enjoyed high popularity - she had a 77 per cent approval rating shortly before the elections - she was constitutionally barred from running for a second consecutive term. The CPD backed former president Eduardo Frei Ruiz-Tagle, whose father, Mr. Eduardo Frei Montalva (PDC), had also served as president in the 1960s. A newly created centre-right alliance, the Coalition for Change (CC), backed Mr. Piñera. The CC included the RN, the UDI, ChileFirst and the List B Independents. In addition, two other coalitions - Clean Chile-Vote Happy and the New Majority for Chile - and the Pactfree Independents were also vying for seats. No centre-right candidate had won the presidency since 1958. However, in 2009, internal splits in the CPD reportedly gave a boost to the centre-right camp. In addition to the CPD's Eduardo Frei, two left-wing candidates were running for president. In May 2009, Mr. Marco Enríquez-Ominami Gumucio announced that he would run as an independent candidate representing the "progressive left". The CPD criticized Mr. Enríquez for splitting the vote on the left. Mr. Enríquez is a son of Mr. Miguel Enríquez Espinosa, the founder of the Revolutionary Left Movement (MIR) who was assassinated by Pinochet's junta. Mr. Jorge Arrate MacNiven of the Communist Party (CP) led a far-left coalition, Together We Can Go Further, comprising over 50 parties and organizations, including the CP, the Humanist Party, the Christian Left among others. Despite Ms. Bachelet's popularity, the CPD's candidate appeared to face an uphill battle to overcome memories of his first presidency (1994-2000), which had been overshadowed by the Asian financial crisis and soaring unemployment. He promised to continue Ms. Bachelet's policies, renewed his commitment to environmental protection and human rights, and pledged to fight exclusion and discrimination. Meanwhile, the centre-right CC presented a united front. Mr. Piñera (RN), a wealthy businessman, urged voters to support "a true renaissance" of the country and pledged to build prudent fiscal policies. He promised corporate tax breaks and job subsidies to attract more investment. Some of Mr. Piñera's advisors had worked under Mr. Pinochet's regime. His opponents argued that his rule would be as "iron-fisted" as that of the former dictator. Such criticisms reportedly had little impact among the youngest voters, who were born after the end of the dictatorship. In the capital, Santiago, the centre-right coalition was challenged by Mr. Rodrigo García Pinochet, a grandson of the former leader who was running for a seat in the Chamber of Deputies as an independent. His campaign used photos of his grandfather in a bid to win support in a constituency comprising two of the richest municipalities in the capital. A total of 86.66 per cent of 8.3 million registered voters cast their ballots for the elections to the Chamber of Deputies, while 84.63 per cent of 2.4 million registered voters for the partial Senate elections did so. In the Chamber of Deputies, the CC won 58 seats, one more than the CPD. Clean Chile-Vote Happy and the Pactfree Independents took three and two seats respectively. In the Senate, the CC and the CPD took nine seats each out of the 18 seats at stake. However, the CPD remained the largest force in the Senate with 19 seats, the CC holding 16. Seventeen women were elected to the Chamber of Deputies and three to the Senate, which comprised a total of five women after the 2009 renewal. Mr. Pinochet failed to win the seat he was contesting, receiving only 10 per cent of the votes, far less than the two CC candidates, who were elected with over 30 per cent of the vote each. In the presidential elections, no candidate secured the requisite majority in the first round. A run-off election between Mr. Piñera, who won 44 per cent of the vote, and Mr. Frei, who took 29 per cent, took place on 17 January 2010. Mr. Piñera (RN) was elected with 52 per cent of the votes. STATISTICS Voter turnout Round no 1 13 December 2009 Number of registered electors Voters Blank or invalid ballot papers Valid votes 2'392'477 2'024'823 (84.63%) Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Coalition for Democracy (CPD) 809'696 Coalition for Change (CC) 843'009 Pactfree Independents (Fuera de Pacto) 4'422 Independents Distribution of seats Round no 1 Political Group Total of seats Seats 2009 Coalition for Democracy (CPD) 19 9 Coalition for Change (CC) 16 9 Pactfree Independents (Fuera de Pacto) 2 0 Independents 1 0 Distribution of seats according to sex Men Women Percent of women 15 3 16.67% Distribution of seats according to age 31 to 40 years 41 to 50 years 51 to 60 years 61 to 70 years Over 70 years 3 7 19 6 3 Distribution of seats according to profession Legal profession Finance, management or business Research/sciences Architect, surveyor, engineer Physician, dentist Education profession Economist Others Entrepreneur Journalism, broadcasting, media 18 3 3 3 3 2 2 2 1 1 Comments Note: Three of the 18 Senators elected in 2009 were women. As at 29 January 2010, there were five women out of the total 38 senators. Sources: IPU Group (29.01.2010, 15.02.2010) http://elecciones.gob.cl/ http://www.servel.cl

Parliament name (generic / translated) Congreso Nacional / National Congress Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies APPOINTMENT AND TERM OF OFFICE Title President of the Senate Term - duration: 4 years - reasons for interruption of the term: resignation, death, decision of the Senate to end the President's term Appointment - elected by all the Senators - election takes place during the first constituent meeting of the Senate, after the Members' mandate has been validated and after they are sworn in Eligibility - any Senator may be candidate Voting system - elected by a formal vote by secret ballot - several rounds are held in the event of a tie or if no candidate obtains an absolute majority of votes of Senators present - the second and subsequent rounds are held between the two candidates who have obtained the largest number of votes in the previous round Procedures / results - the former President presides over the Senate during the voting (in his absence, the Deputy President, former Presidents, Vice-Presidents or the oldest Member of the Senate) - the Secretary General supervises the voting - the former President announces the results immediately - the result cannot be challenged STATUS Status - ranks second after the Head of State - takes precedence over the President of the Chamber of Deputies - presides over joint sittings of both Houses - represents the Senate with the public authorities - is ex officio member of the National Security Council - represents the Senate in international bodieswith the agreement of the Senate - is ex officio President of the Committee on Internal Affairs of the Senate - in the absence of the President, the Vice-President can assume his/her role and functions Board Material facilities - Allowance as a Senator - Official car Organisation of parliamentary business - convenes sessions - establishes and modifies the agenda - organises the debates and sets speaking time - examines the admissibility of bills and amendments - refers texts to a committee for study FUNCTIONS Organization of parliamentary business - convenes sessions - establishes and modifies the agenda - organises the debates and sets speaking time - examines the admissibility of bills and amendments - refers texts to a committee for study Chairing of public sittings - opens, adjourns and closes sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Senate. The Secretary General may also make announcements in relation to procedural matters. - takes disciplinary measures in the event of disturbance, and lifts such measures - - establishes the list of speakers, gives and withdraws permission to speak - establishes the order in which amendments are taken up and selects which amendments are to be debated - calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities - checks the quorum together with the Secretary General - interprets the rules or other regulations governing the life of the Assembly, with the agreement of the Senate - has discretionary power to give the floor outside the agenda and thus organises impromptu debates Special powers - makes proposals to the President of the Republic for establishing the budget - recruits, assigns and promotes staff - appoints the Secretary General in agreement with the Senate - organises the services in agreement with the Senate - plays a specific role in the conduct of foreign affairs or defence in his/her capacity of member of the National Security Council - is responsible for relations with foreign parliaments - is responsible for safety and discipline and, in this capacity, can call the police in the event of disturbance in the Senate Speaking and voting rights, other functions - takes the floor in legislative debates in his capacity of Senator - provides guidelines for the interpretation or completion of the text under discussion with the assistance of the Secretary General - takes part in voting - proposes bills or amendments in his capacity of Senator - intervenes in the parliamentary oversight procedure in his capacity of Senator - intervenes in verifying the constitutionality of laws by declaring a bill unconstitutional

Parliament name (generic / translated) Congreso Nacional / National Congress Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Cámara de Diputados / Chamber of Deputies NATURE Nature of the mandate · Free representation Start of the mandate · When the senators take the oath (Art. 4 (4) of the Standing Orders of the Senate). Procedure (Art. 3 and 4 of the Standing Orders). Validation of mandates · Validation by the Electoral Court for elected senators (Art. 84 of the Constitution of 11.08.1980, with the amendments of 22.12.1997), and, for appointed senators, by the body which appoints them (for these bodies, see Art. 45 of the Constitution) · Procedure (Art. 84 of the Constitution) End of the mandate · On the day when the legal term of the House ends, with the exception of senators for life Can MPs resign? No Resignation is not covered by the Constitution Can MPs lose their mandate ? Yes (a) Loss of mandate by judicial decision: - Sentencing to punishment involving penal servitude, in criminal proceedings, by a final judgement - Unauthorised absence from the country, incompatibilities, etc. (Art. 55, 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 7 of the Standing Orders of the Senate) STATUS OF MEMBERS Rank in hierarchy · Within Parliament: 1. The President 2. The Vice-President 3. The other senators Indemnities, facilities and services · Diplomatic passport · Basic salary (see Art. 59 of the of the Constitution): corresponds to the salary of a State minister · No exemption from tax · No special pension scheme · Other facilities: (a) Secretariat (see also Art. 218 to 224 of the Standing Orders of the Senate) (b) Assistants (c) Official housing (d) Official car for the President and the Vice-President (e) Security guards for the President (f) Limited postal and telephone services (g) Travel and transport Obligation to declare personal assets No Parliamentary immunity - parliamentary non-accountability · The concept exists (Art. 58 (1) of the Constitution). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. · Derogations: offence or insult (Art. 137, N° 6 of the Standing Orders of the Senate; see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept exists (Art. 58 (2) to (4) of the Constitution). · It applies only to criminal proceedings, covers all offences and protects from arrest, from being held in preventive custody and from the opening of judicial proceedings against them. It does not protect them from their homes being searched. · Derogations: in cases involving flagrante delicto, immunity does not have to be lifted and the senator is immediately handed over to the respective Appeals Court, with the corresponding summary information (Art. 58 (3) of the Constitution). · Protection is provided from the start to the end of the mandate. It does not cover judicial proceedings instituted against MPs before their election. However, if criminal proceedings have been brought against a candidate, his eligibility shall be suspended (Art. 16 and 46 of the Constitution). · Parliamentary immunity (inviolability) can be lifted (Art. 58 (2) of the Constitution): - Competent authority: the Appeals Court of the corresponding court of law - Procedure (Art. 58 (2) and (4) of the Constitution). In this case, MPs cannot be heard. They have means of appeal. · Parliament cannot subject the prosecution and/or detention to certain conditions. · Parliament cannot suspend the prosecution and/or detention of one of its Members. · In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament. EXERCISE OF THE MANDATE Training · There is no training/initiation process on parliamentary practices and procedures for MPs. · Handbooks of parliamentary procedure: - Constitutional Organic Law of the National Congress - Standing Orders of the Senate Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings. · No penalties are foreseen in case of failure to fulfil this obligation. Discipline · The rules governing discipline within Parliament are contained in Art. 136 to 139 of the Standing Orders of the Senate. · Disciplinary measures foreseen (Art. 138 (1) of the Standing Orders of the Senate): - Call to order - Warning - Censure - Forfeiture of speaking rights - Forfeiture of speaking rights for three consecutive sittings · Specific cases: - Offence or insult (Art. 137, N° 6 of the Standing Orders of the Senate): call to order, warning, censure, forfeiture of speaking rights, forfeiture of speaking rights for three consecutive sittings · Competent body to judge such cases/to impose penalties: - Call to order, warning, censure, forfeiture of speaking rights, offence or insult: the President - Forfeiture of speaking rights for three consecutive sittings, offence or insult: the Senate · Procedure (Art. 136 to 139 of the Standing Orders of the Senate) Code (rules) of conduct · This concept does not exist in the country's juridical system, but there are some relevant provisions (Art. 55, 57, 58 (2) and (4) and Art. 82, N° 11 and N° 12 (17) of the Constitution, Art. 7 of the Standing Orders of the Senate). · Penalties foreseen for violation of the code of conduct: - Loss of mandate (Art. 55, 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 7 of the Standing Orders of the Senate; unauthorised absence from the country, incompatibilities, etc.) - Suspension, loss of mandate (Art. 58 (2) and (4) of the Constitution; sentencing to punishment entailing penal servitude, in criminal proceedings, via a final judgment) · Competent body to judge such cases/to impose penalties: - Loss of mandate: the competent court - Suspension, loss of mandate: the Constitutional Court · Procedure: - Loss of mandate (Art. 55, 57 and 82, N° 11 and N° 12 (17) of the Constitution, Art. 7 of the Standing Orders of the Senate) - Suspension, loss of mandate (Art. 58 (2) and (4) of the Constitution) Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 22 March 2012
Copyright 1996-2012 Inter-Parliamentary Union

• Also on PARLINE
• Search
• Modules
• At a glance
• Recent elections
• New in PARLINE
• Toolbox
• Photo gallery
• About
• Newsfeeds